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1993 SCMR 2025

GULISTAN TEXTILE MILLS LTD. through Secretary vs PAKISTAN through

Citation1993 SCMR 2025
CourtSupreme Court of Pakistan
Case No.Civil Appeals Nos. 1204 to 1207,1208,1210,1215 of 1990
Date1992-11-03
Judge(s)Muhammad Rafique Tarar, Shafi-ur-Rehman, Saad Saood Jan
ResultCase remanded

ORDER

1. ' SHAFIUR RAHMAN, J---These appeals have come up for hearing ex parte after a set of appeals involving the same question of law had been disposed of by judgment in Sohail Jute Mills Ltd. And others v. Federation of Pakistan through Secretary, Ministry of Finance and others (PLD 1991 SC 329).

2. These appeals relate to the Automatic Cone Winders or Ring Spinning Frames, in respect of which a remand had taken place vide Category-B cases prepared in that decided case. Following the decision, these appeals are accepted only partly, in so far as denial of relief from customs duty etc. Has taken place on the ground that the machinery or a part of it is locally manufactured.

3. ' These appeals shall stand remanded for fresh determination by the departmental officers, after ascertaining the full facts of each case as pointed out in the case of Sohail Jute Mills (PLD 1991 SC 329). The claim with regard to exemption from Surcharge, or Iqra Surcharge or reduction from any portion of it is rejected.

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